House Bill 961, titled the "Hate Crimes Prevention Act," creates a new sentencing enhancement for felony offenses committed because of a victim’s race, ethnicity, color, religion, nationality, country of origin, or gender. If a court finds beyond a reasonable doubt that the felony was motivated by one of those characteristics, the defendant must be sentenced one felony class higher than the underlying offense. The bill also requires the charging document to allege the facts supporting the enhancement and provides for a jury determination of the issue if it is not admitted by the defendant.
The bill also makes a conforming change to North Carolina’s existing aggravating-factor statute so that bias based on gender is added to the list of protected characteristics already recognized for sentencing purposes. The act would take effect December 1, 2025, and would apply only to offenses committed on or after that date.
HB961 would amend Chapter 15A of the North Carolina General Statutes by adding a new sentencing provision, G.S. 15A-1340.16H, and by revising G.S. 15A-1340.16(d)(17). Its practical effect would be to increase punishment for felony offenses proven to be bias-motivated, while also expanding the aggravating-factor framework to include gender. Prosecutors would need to plead and prove the victim-characteristic motive in the same case, and defendants would have the right to a jury determination on that issue if they do not admit it.
The available record shows the bill was introduced and referred to the House Judiciary 2 Committee, but there are no recorded votes or committee transcripts provided. Based on the bill text alone, the measure appears to be framed as a public-safety and anti-bias response, with sponsors seeking stronger penalties for hate-motivated felony conduct. Because no discussion or vote history is available, there is no documented support or opposition in the provided materials.
The main likely point of contention is the scope of the protected characteristics and the policy choice to increase felony punishment based on motive. Supporters would likely emphasize deterrence, victim protection, and recognition of bias-motivated harm, while critics could question whether sentence enhancements are the best tool, whether the proof standard will be difficult to meet, and whether the law should extend beyond the characteristics already covered in existing aggravating-factor language. The addition of gender to the aggravating-factor statute may also be a notable issue because it expands the current list of protected categories.